Pre-action protocol

Question 1

Name 3 consequences for failure to comply with PAP

Answer 1

1. D pays higher interest; or
2. C receives lower interest
3. defaulting party pays for whole/part of proceedings

Question 2

What are 5 points the letter of claim should include?

Answer 2

1. reason for claim
2. key facts
3. what the claimant wants
4. how sum has been calculated
5. enclosure of relevant docs

Question 3

When should D respond to a letter of claim (simple/ complex)?

Answer 3

within 14 days for a straightforward claim

no more than 3 months for complex claim

Question 4

Name 5 considerations of the overriding objective

Answer 4

1. proportionate costs
2. putting trial date at risk
3. expeditiously
4. fairness
5. balancing impact on both parties